Query regarding prohibitory injunction and appeal , declaratory injunction---adverse possession--

Querist : Anonymous (Querist) 01 December 2011 This query is : Resolved
Case Facts as follows:
Property is in Rajasthan....
Dispute regarding Adverse Possession against government
Art 112 of Limitation act (period of 30 years against government. adverse possession)
Property was Agriculture Land and of Bella nam Sarkar(means not registered on any one) and govt. transferred said property to Urban Improvement Trust(Govt. Body) and converted in urban land ..
but land is in possession since 1959..by Mr X.
X has improved that land and done construction on that land and also make some garden and shops..

1. X has files suit of prohibitory injunction in year 2005 against govt.
2. suit was dismissed in year 2010
3. Mr X. file an appeal which is pending before appellate court

Now question::::
1. Can X file a suit of declaratory on the basis of adverse possession ?

2. Is there is a restriction of Order 2 Rule 2 CPC???
Since prohibitory injunction was already dismissed and of which appeal is pending and now to file fresh suit of declaratory injunction
3. Another thing is that one document is recovered while not available during previous case proceedings regarding the adverse possession and improvement done in property by Mr. X.
admission of new facts....

Please Advise

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Raj Kumar Makkad (Expert) 02 December 2011
Your similar query has already been resolved.

prabhakar singh (Expert) 02 December 2011
Even injunction suit includes declaration as it has been filled against real owner then in my view a relief by amendment would be possible in the earlier suit and any fresh suit would not lie in existing circumstances.
Even the document discovered can be brought on record in previous case by a well explained application for adducing addition evidence.

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